Irretrievable Breakdown of Marriage as a Ground for Divorce – FAQs Answered

Marriage is a sacred bond between two persons, which needs to be nourished and cherished. Though it is a life-long commitment, for some, irretrievable breakdown of marriage leaves no scope for “Together Forever”. There are couples who are married on paper but going to and fro courts pursuing matrimonial disputes. People mostly know when there is scope for reconciliation and when a marriage has lost its meaning. However, the Indian law is not so straight forward when it comes to irretrievably broken marriages. Hence, the article here addresses frequently asked questions on the subject. 

FAQs on Irretrievable Breakdown of Marriage and Divorce 

Question: What is the meaning of irretrievable breakdown of marriage? 

Answer: Irretrievable breakdown of marriage can be understood as a situation when the marriage seems to be broken without any scope of reconciliation. It is mostly when the husband and wife have been living separately for a considerable period and there is absolutely no chance of them living together again.  

In simpler terms, a marriage is said to have irretrievably broken down when it has become completely unworkable, emotionally dead, and beyond any possibility of repair or reconciliation. If divorce is not granted by the Court in such circumstances, it would amount to cruelty on the parties. 

Question: Is irretrievable breakdown of marriage a ground for divorce in India? 

Answer: Irretrievable breakdown of marriage is not recognised as a ground for divorce under Indian law. Neither under the Hindu Marriage Act (HMA), nor under the Special Marriage Act or any other codified marriage laws can a couple seek mandatory divorce.  

While irretrievable breakdown of marriage is not codified as a specific ground for divorce in India, it has gained legal recognition through judicial intervention. The Supreme Court invokes Article 142 of the Constitution to dissolve marriages in exceptional circumstances where it deems necessary to provide complete justice.  

Hence, while divorce cases begin with Family Courts, reach High Courts through appellate jurisdiction and several years pass down the lane. Unresolved matters are supposed to reach the Supreme Court, and it may be noted that even at the Supreme Court, not every matter qualifies for irretrievable breakdown of marriage as a ground for divorce. The Apex Court scans through the possibilities of reconciliation, circumstances, depth of the issue, and then only allows divorce due to irretrievable breakdown of marriage, if that is the case. 

Question: What is the history of irretrievable breakdown of marriage? 

Answer: In India, the concept of irretrievable breakdown of marriage was first acknowledged by the Supreme Court in Saroj Rani v. Sudarshan Kumar Chadha (1984 CaseBase(SC) 207), suggesting that divorce may be granted when a marriage has broken down beyond repair. Over the decades, the Supreme Court increasingly invoked this concept through its Article 142 powers, given the final picture in Shilpa Shailesh to formally and authoritatively recognize the doctrine in Indian law. Despite repeated Law Commission recommendations, Parliament is yet to legislate on the subject. 

Question: How to prove a marriage is irretrievably broken? 

Answer: There is no fixed formula to "prove" irretrievable breakdown of marriage, since it is assessed by the Supreme Court based on the overall facts and circumstances. Based on landmark and other judgments of Supreme Court on irretrievable breakdown of marriage, the Court considers factors such as prolonged separation, nature of dispute, reconciliation attempts, and whether the marital relationship has deteriorated beyond repair.  

Indicators like long periods of living apart, multiple failed attempts at mediation, bitterness between the spouses, and the absence of any cohabitation over several years are all taken into account when a court determines that a marriage is beyond saving. 

Question: What is irretrievable breakdown of marriage section in Hindu Marriage Act? 

Answer: There is no specific section in the Hindu Marriage Act, 1955 that recognizes irretrievable breakdown of marriage as a ground for divorce. As mentioned earlier, the Hindu Marriage Act and the Special Marriage Act do not recognize irretrievable breakdown of marriage as a ground for divorce. Divorce under Section 13 of the HMA is a concept of specific fault-based grounds such as cruelty, desertion, and adultery. However, courts have sometimes read the concept indirectly into cruelty under Section 13(1)(ia), when long separation has made the continuation of marriage itself an act of cruelty. 

Question: What is a landmark judgement on irretrievable breakdown of marriage? 

Answer: In Shilpa Shailesh v. Varun Shrinivasan (2023 CaseBase(SC) 872), a five-judge Constitution Bench of the Supreme Court expanded its jurisdiction to directly grant a divorce on the ground of irretrievable breakdown of marriage under Article 142 of the Constitution. As per the Apex Court, the provision empowers it to do "complete justice" in any cause or matter. Shilpa Shailesh is a landmark judgement on irretrievable breakdown of marriage, and a pioneer in settling the legal position definitively. The Court in this case recognized that forcing parties to remain in a dead marriage causes harm and that the Supreme Court has the power to step-in, even without mutual consent. 

Question: Can High Court grant divorce on irretrievable breakdown of marriage? 

Answer: No! High Courts, or Family Courts are not empowered by law to grant divorce in cases of irretrievable breakdown of marriage. It is not a ground for divorce under Section 13 or Section 13B of the Hindu Marriage Act, 1955, or under any of the Special Marriage Act provisions. It can only be applied by the Supreme Court. Neither the civil courts nor the High Courts can pass such an order for divorce in an irretrievably broken marriage. The power flows exclusively from Article 142 of the Constitution, which is a special constitutional power available only to the Supreme Court. High Courts, lacking this power, cannot dissolve marriages on the ground, even if convinced that a marriage has completely broken down. 

Question: What are the examples of irretrievable breakdown of marriage? 

Answer: The reasons behind an irretrievable breakdown of marriage vary widely, but common factors include the following: 

• Long separation without any attempt at reconciliation,
• Domestic violence or cruelty,  
• Incompatibility leading to constant conflict,  
• A breakdown in communication,  
• Mental illness or addiction issues that hinder a healthy relationship.  

Other examples include cases where parties have been embroiled in multiple rounds of hostile litigation for decades, where one spouse has remarried or moved on entirely, or where all mediation and reconciliation efforts have completely failed and both parties acknowledge that the marriage is over. 

Question: Is there a latest judgement on an irretrievable breakdown of marriage in 2026? 

Answer: Yes, it happened in a judgment of 2026 CaseBase(SC) 70 dated 20th January. The bench of Justice Rajesh Bindal and Justice Manmohan dissolved a marriage under Article 142 of the Constitution on grounds of irretrievable breakdown, despite the absence of the husband's consent. The Court noted that both parties had been indulging in litigation one after the other, with more than 40 cases filed, making it a clear case for exercise of its extraordinary jurisdiction. The Court relied on the Constitution Bench judgment in 2023 CaseBase(SC) 872.  

Question: What is the 71st law Commission report on irretrievable breakdown of marriage? 

Answer: The 71st Report of the Law Commission of India dates back to April, 1978, which significantly dealt with the concept of irretrievable breakdown of marriage. The Commission examined the central question of whether divorce should be based on the fault of a party or on the breakdown of the marriage itself, former being the fault theory and breakdown theory for the latter.  

The Law Commission in its 71st Report recommended inclusion of irretrievable breakdown of marriage as a separate ground for obtaining divorce under the Hindu laws. The report also examined how the concept could be incorporated into the existing law and what safeguards should accompany it. The issue was revisited again in the Law Commission 217th Report in March 2009, once again recommending that irretrievable breakdown be added as a ground for divorce under both the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. 

However, years went down the lane, and the legislature still did not find the need to include irretrievable breakdown of marriage as a ground for divorce. Even with the landmark judgment in place, the Supreme Court holds the exclusive right to invoke its special powers to allow divorce in an irretrievably broken marriage.